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TERMS OF USE

This document applies to the websites, applications, services, and solutions owned and operated by EXTUENT which are used to deliver our technology and services. These Terms of Use govern and set forth the legally binding terms for your access to and use of the EXTUENT RECRUITMENT AUTOMATION PLATFORM technology and services.

BY CLICKING ACCEPT, BY REGISTERING FOR, OR BY USING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD AND AGREED TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT INCLUDING THE PRIVACY POLICY, INCLUDING ANY UPDATE FROM TIME TO TIME. YOU FURTHER REPRESENT AND WARRANT THAT (1) ALL THE INFORMATION YOU PROVIDE AS PART OF THE REGISTRATION PROCESS ARE ACCURATE AND COMPLETE AND THAT YOU ARE OF MAJORITY AGE AND LAWFULLY ABLE TO ENTER INTO CONTRACTS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR DO NOT HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER THIS AGREEMENT, YOU ARE GRANTED NO RIGHT TO USE OR ACCESS ANY OF THE SERVICES OFFERED.

THE SERVICES

Subject to the terms of this agreement, EXTUENT provides individual job seekers the platform to connect and interact with employers, staffing companies and business looking to engage talents.

EXTUENT offers a user-friendly interface that anybody can easily navigate through. Upon accessing the Site, you may be asked to submit required and optional information to log in and begin using the Service. You may also be asked to provide information as requested by the possible Employer/Contractor in support of your application. You may also be asked to complete a one-way video interview. We value any information you share within our website and ensure you that your information shall only be used in connection with your application. Please see our Privacy Policy to know more.

You represent and warrant that all information you will provide are accurate and complete. Should it appear that such information is untrue, inaccurate, not current or incomplete, your use of the Service and/or your access to the Site may be suspended or terminated.  

You understand and authorize EXTUENT to record and share your content to third parties in furtherance of your job application.

By selecting the third parties with whom you want to share your video and other content, you hereby give your consent to said third parties to view, use and further share your content solely for purposes related to your application.

You understand and agree that any information you share may be used for employment screening, background checks, and credential verification services, including verification of the accuracy of your personal information and confirmation of your references.

You agree that EXTUENT is not responsible or liable for the use and dissemination of such information by such third parties.

If you do not want your legally protected personally identifiable information shared in accordance with the statements above, you should immediately end your use of the Service and disconnect from the Site by closing your browser.

USE OF THE SERVICES

The services offered by EXTUENT thru its website, application, or any other manner shall be used only for lawful purposes. Should EXTUENT discover any unlawful use of its services including but not limited to performance of any prohibited acts herein specified, it reserves the right to immediately terminate your access and to initiate legal proceedings, if necessary. Such termination shall be subject to the sole discretion of EXTUENT and no prior notification to you shall be required;

EXTUENT may also refuse registration, terminate an account, and/or refuse EXTUENT Services to any person who registers or attempts to register an account with EXTUENT without authorization after having had an account previously suspended or terminated.

PROHIBITED ACTS

You represent and warrant that your use of any of EXTUENT ’s services shall not be in violation of any law (whether local, state, federal, or international) and not infringe on the rights of others, including patents, copyrights, Trademarks, trade secrets, publicity or privacy rights of third parties. In addition, you understand and agree not to perform any of the prohibited acts specified below:

  1. Disseminating materials that are obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by EXTUENT at its sole discretion;
  2. Disseminating or posting harmful content including, without limitation, viruses, worms, spyware, or any other computer programming routines that may damage, interfere with, secretly intercept, or seize any system, program, data, or personal information;
  3. Posting or transmitting, or causing to be posted or transmitted, via THE EXTUENT RECRUITMENT AUTOMATION PLATFORM any materials advertising any business other than EXTUENT  or contain advertisements, solicitations or spam links to other websites or individuals, without prior written permission from EXTUENT;
  4. Impersonate any other person;
  5. Provide any false information;
  6. Interfering with EXTUENT 's security measures.
  7. Circumventing and/or violating any person’s privacy rights.
  8. Reproduce, duplicate, copy, sell, resell, outsource, reverse engineer or exploit any portion of, the use of, or access to EXTUENT Services.

ACCOUNT

You are solely responsible for maintaining accurate, current, and complete account information, for maintaining the secrecy of any account credentials and passwords used in connection with the Services

You shall be solely and entirely responsible for any and all use of EXTUENT RECRUITMENT AUTOMATION PLATFORM through your Account. Hence, you are reminded not permit any other person to use your Account and not to share your Account or login information to any other person. In you discover any breach of security including unauthorized access to your account, you shall immediately notify EXTUENT.

EXTUENT assumes no responsibility for any false, defamatory, libelous, or slanderous Content posted by its users. If you believe any Content violates your rights or those of a third party in any way, you may contact us privacy@extuent.ai

EXTUENT reserves the right, but not the obligation, to delete posts and/or Content that it believes, in its sole discretion, violate these Terms of Use. However, the failure to delete any SUCH post and/or Content shall not result in any liability to EXTUENT;

SCOPE AND MODIFICATION OF TERMS

You must comply with all guidelines, rules, policies, and terms and conditions applicable to the Services (including applicable third-party terms of agreement) that may be posted by or on behalf of EXTUENT on the Site or otherwise communicated by or on behalf of EXTUENT to you from time to time.

EXTUENT may change the terms and conditions of this Agreement at any time in its sole discretion. EXTUENT will provide notice of the modifications in a manner that EXTUENT reasonably determines to be appropriate, including posting on the Sites or sending email blasts.  You are responsible for reviewing notifications and postings and any applicable changes. Your continued use of the Services constitutes your acceptance of the applicable changes. If you do not agree to any noticed or posted changes, your sole recourse is to terminate this Agreement and to cease accessing and using any Services.

Change to Services

EXTUENT reserves the right to modify or discontinue all or any portion of the Sites or the Services (or any portion thereof or functionality therein) for any or no reason, and EXTUENT bears no responsibility or liability for such changes. EXTUENT may at any time in its sole discretion and at any time without notice to you (i) re-design, modify, discontinue offering, or restrict access to any or all aspects of the Sites and the Services, (ii) remove you from the Sites or Services.

EXTUENT reserves the right to release subsequent versions of the Services (or any portion thereof) and to require you to use the most recent version thereof, and it is your responsibility to ensure, at your own cost, that your access to and use of the Services is compatible with EXTUENT ’s then-current requirements.

EXTUENT may limit the availability of the Services to any geographical area or any language and make backwards incompatible changes to the Services.

ENFORCEMENT OF TERMS

EXTUENT has the sole right (but not the obligation) and discretion to monitor your usage of the Service to verify compliance with this Agreement. EXTUENT may take enforcement actions against you if EXTUENT determines in its sole judgment that you violate this Agreement. Enforcement actions include, without limitation and as appropriate: (1) disabling or restricting your access to the Sites and/or the Services; (2) terminating some or all of EXTUENT ’s agreements with you; and (3) performing any other action as EXTUENT in its reasonable discretion deems appropriate.

PROPRIETARY RIGHTS

All rights, title and interest in and to the Services and Platform, including without limitation to the underlying software, underlying data, platforms, algorithms, technology, design, any information, services, texts, files, sound, music, videos, various applications, organization, structure, and features and any modifications, enhancements and derivatives thereof and all Intellectual Property Rights associated therewith, are and will remain at all times, owned by, or licensed to EXTUENT .

This Agreement grants you a limited right to use the Platform and Services and does not give you any ownership rights. Any non-public data received from you, including personal data will be and remain, your sole and exclusive property subject to the authority and permission you grant to EXTUENT in this Agreement.

By using any of the Services offered by EXTUENT, you grant EXTUENT the license to use your Information and Video for purposes of providing you the Services including but not limited to sharing them to prospective employers.

Your use of any third-party software or content obtained through EXTUENT Services does not transfer to you any rights, title or interest in or to the third-party software or content. Further, you agree that you shall not use any third-party software or content made available to you through the EXTUENT Services except as expressly authorized under the applicable third-party provider's terms of use or license. If you do not agree to the third-party providers' terms of use or license agreement, do not download or use the third party software or content.

You are not permitted to use any name, logo, Trademark, or trade name of EXTUENT without obtaining EXTUENT ’s prior written consent, which may be withheld in EXTUENT ’s sole discretion. Likewise, you agree not to use any mark that is confusingly similar with any logo or trademark owned by EXTUENT.

All other companies' names, brand names and product names are trademarks or trade names of their respective owners who may or may not endorse, be affiliated with or connected to EXTUENT. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the EXTUENT Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws

In case of violation of any of the provision in this Agreement relating to proprietary rights, you must delete any materials obtained due to such violation and stop any further violation. This is without prejudice to your possible liabilities pursuant to applicable laws;

PRIVACY & DATA PROTECTION

By using the Services, you consent to the collection, use, and disclosure of Personal Information collected from or about you in the then-current Privacy Policy, including cross-border transfers as described in the Privacy Policy.

EXTUENT value the confidentiality of your Personal Information and adopts means and measure to secure the same in accordance with applicable laws, rules and regulations. In case a breach of Personal data occurs, EXTUENT shall immediately notify

CONFIDENTIAL INFORMATION

(a) Confidential Information. You agree that: (i) all Confidential Information will remain EXTUENT ’s exclusive property; and (ii) you will not (and will not permit anyone else to) (1) use any Confidential Information except as necessary for performance of your obligations and exercise of your rights under this Agreement or (2) disclose any Confidential Information without the consent of EXTUENT . To safeguard the Confidential Information, you will exercise the same degree of care employed by you to prevent the unauthorized use and disclosure of your own confidential information, but in no event employing less than reasonable degree of care.

Confidential Information does not include information which: (i) is rightfully received by you from a third party without restriction on use or disclosure; (ii) is developed by you independently without use of the Confidential Information; or (iii) is or becomes generally known to the public other than as result of a breach by you of this Agreement (or other obligation of you to any EXTUENT Party). In addition, you may disclose Confidential Information to the extent the disclosure has been approved in advance for release by written authorization of EXTUENT.

(b) Injunctive Relief. Your breach or threatened breach of Section 8 or 9 may cause EXTUENT irreparable harm and significant injury, the amount of which may be difficult to estimate and ascertain, thus making inadequate any remedy at Law or in damages. Therefore, EXTUENT is entitled to injunctive relief from any court of competent jurisdiction to enjoin any threatened or actual breach of this Agreement and any other relief that such court deems appropriate, in addition to any other remedy or remedies available at Law or in equity.

TERM AND TERMINATION

(a) Term. This Agreement will become effective on your acceptance of this Agreement or upon use of any of the Services offered by EXTUENT and the term will extend until it is terminated.

(b) Termination. EXTUENT reserve the right to terminate this Agreement and/or discontinue the Service or any portion or feature for violation of any of the provisions of this Agreement without need to notify you and without liability or other obligation to you. You may terminate this Agreement by providing prior written notice of your intent to terminate the Agreement.

(c) Effect of Termination. When this Agreement expires or is terminated, all rights and obligations of the parties under this Agreement will end, except that (i) fees accrued in connection with the Services as of the date of termination, if any, all interest thereon, and costs of collection must be paid and (ii) you must immediately destroy any copies of the Confidential Information, and other EXTUENT Materials in your (including your Authorized Users’) possession, custody, or control with the exception of any reports provided by EXTUENT or data collected directly by you through your ads placed using the Services. The following provisions of this Agreement will survive expiration or earlier termination and continue to apply indefinitely: 12, 13, 14, 16.

EXCLUSION OF WARRANTIES

THE SITES AND THE SERVICES, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXTUENT PARTIES MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND TO ANY PARTY, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, WITH RESPECT TO THE SITES, THE SERVICES, THE EFFICACY OF THE SERVICES OR THE CONTROLS OR FEATURES MADE AVAILABLE THROUGH THE SERVICES OR ANY FUNCTIONALITY PROVIDED IN CONNECTION WITH THE SERVICES, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OFPERFORMANCE, OR USAGE OF TRADE. EXTUENT PARTIES DO NOT REPRESENT OR WARRANT

THAT THE SERVICES ARE OR WILL BE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. EXTUENT does warrant THAT THE APPS, WEBSITE, EXTUENT SERVICES,

AND/OR CONTENT THEREON WILL BE ERROR-FREE, AVAILABLE WITHOUT INTERRUPTION, TIMELY, OR MEET YOUR REQUIREMENTS.

WE ARE NOT RESPONSIBLE FOR ANY DAMAGE; LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA; LOSS OF REVENUE; OR, OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE EXTUENT SERVICES, OR OTHER INTERACTION WITH THE EXTUENT SERVICES. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE EXTUENT SERVICES. WE DO NOT WARRANT THAT (i) THE EXTUENT  SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE EXTUENT  SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EXTUENT  SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE EXTUENT  SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BECORRECTED.

THIS SECTION WILL BE ENFORCEABLE TO THE MAXIMUM EXTENTALLOWED BY APPLICABLE LAW. NO INFORMATION OR ADVICE (WHETHER WRITTEN, ORAL, OR OTHERWISE), PROVIDED BY EXTUENT PARTIES OR THEIR REPRESENTATIVES WILL CREATEANY WARRANTY OR IN ANY WAY AFFECT THE DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY EXPRESSLY PROVIDED IN THIS AGREEMENT.

LIMITATION OF LIABILITY

THE EXTUENT PARTIES WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT(INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), OR OTHERWISE) FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OR DATA OR PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE SERVICES, EVEN IF THE EXTUENT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE COSTS ORDAMAGES. FURTHER, THE EXTUENT PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE SERVICES WILL NOT EXCEED AT ANY TIME THE TOTAL AMOUNTS PAID BY YOU TO EXTUENT UNDER THIS AGREEMENT IN CONNECTION WITH THE PARTICULAR SERVICES DURING THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

YOU UNDERSTAND AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR JURISDICTION OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY YOU. SECTION 1542 READS AS FOLLOWS:

“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOESNOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

INDEMNIFICATION

You agree to indemnify and hold harmless and, at EXTUENT ’s request, defend the EXTUENT   from and against any and all costs, losses, damages, liabilities, judgments, and expenses (including reasonable fees of attorneys and other professionals), arising out of or in connection with any Claim which in any way may result from or arise in any manner out of: (a) your participation in or use of the Services (b) information you sent, submitted, electronically received, viewed, printed, downloaded, or transmitted through the EXTUENT  Services (c) the use of any content downloaded from the EXTUENT  Services to your computer and/or servers (d)your actual or alleged breach of any representation, warranty, or obligation in this Agreement; (c) your violation of the privacy or publicity rights of any individual or entity or failure to comply with the privacy or data protection Laws ; (d) Your actual or alleged infringement or misappropriation of any Intellectual Property Rights or other rights by you and any personal injury, death, or property damage related thereto;

If EXTUENT asks you to defend a Claim, EXTUENT will have the right to participate in the defense of the Claim with counsel of its own choosing. If at any time EXTUENT reasonably determines that any indemnified Claim might adversely affect EXTUENT, EXTUENT may take control of the defense at EXTUENT’s expense. You may not consent to the entry of any judgment or enter into any settlement of a Claim without EXTUENT’s prior written consent.

GENERAL LEGAL TERMS

(a) Governing Law and Jurisdiction. This Agreement will be governed by and construed in accordance with the Laws of the State of Laws of Delaware (and, to the extent controlling, the federal Laws of the United States), which will govern without reference to the conflicts-of-Laws rules thereof. The UN Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act will not apply to (and are excluded from the Laws governing) this Agreement.

(b) Export Control. Your (including your Authorized Users’) access to and use of the Services are subject to compliance with the Export Control Laws. You will be solely responsible for your (including your Authorized Users’) compliance with the Export Control Laws and monitoring any modifications to them.

(c) General. The parties’ relationship to each other under this Agreement is strictly that of independent contractors and nothing in this Agreement will in any way constitute or be construed as evidence of intent to establish any association, partnership, joint venture, or other relationship. Each of the parties will be responsible for covering its costs and expenses in performing its duties and exercising its rights under this Agreement, unless expressly provided otherwise herein. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of this Agreement and the remainder of this Agreement will continue in full force and effect. The section headings used in this Agreement are for convenience only and will not be given any substantive effect. When used in this Agreement, “includes” or “including” will be deemed to mean “including but not limited to” or “include but are not limited to.” Unless the context or construction otherwise requires, all words applied in the plural will be deemed to have been used in the singular, and vice versa. A party may only waive its rights under this Agreement by a written document executed by both parties. Any failure to enforce any provision of this Agreement will not constitute a waiver thereof or of any other provision hereof. You may not assign or transfer (by operation of Law or otherwise) any of your rights or obligations under this Agreement without EXTUENT’s prior written consent. EXTUENT may freely assign or transfer any of its rights or obligations under this Agreement. Any unauthorized assignment or transfer will be void.

(d) Force Majeure. Excluding payment obligations, neither you nor EXTUENT will be liable for delay or default in the performance of either of our respective obligations under this Agreement if such delay or default is caused by conditions beyond the party’s reasonable control, including, but not limited to, fire, flood, accident, earthquakes, telecommunications line failures, electrical outages, network failures, acts of God, or labor disputes (“Force Majeure event”). If EXTUENT suffers such a delay or default, EXTUENT will make reasonable efforts within five (5) business days to recommend a substitute transmission for the impacted campaign or time period for the impacted campaign. If no such substitute time period or makegood is reasonably acceptable to you, EXTUENT will charge you only for the campaign up until the time of the Force Majeure event with no further obligation to you. If a Force Majeure event has continued for five (5) business days, EXTUENT and/or you have the right to cancel the remainder of the impacted campaign without penalty.

 (f) Communications. When you send emails to EXTUENT, you are communicating with EXTUENT electronically. For contractual purposes, you consent to receive communications electronically from EXTUENT and you agree that all agreements, notices, disclosures, and other communications that EXTUENT provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

(g) Entire Agreement. This Agreement (including the EXTUENT Policies) contains the entire agreement between you and EXTUENT with respect to its subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and EXTUENT with respect to the Services.